NCJ Number
184862
Date Published
2000
Length
23 pages
Annotation
This chapter considers how lawyers who are representing children might enhance the trial competence of their clients.
Abstract
The author sets out with a "broad brush" the categories of impairments that are likely to interfere with children's effective participation in the adjudicatory process. The purpose of this categorization is to set the stage for the subsequent analysis of the lawyer's role in diminishing these impairments in trial competence. How much an attorney can do will vary with the kind of impairment at issue. The competency problems addressed in the literature can be divided into three categories, with significant overlap and interconnection among them. Findings in the literature indicate that juveniles lag behind adults in their ability to understand their rights, their ability to understand the adjudicatory process, and their ability to make decisions that serve their own interests. Generally, lawyers can facilitate trial competence through instruction and through the development of a relationship. Lawyers can explain rights, processes, options, and likely consequences; they can also connect their clients to others (judges, social workers, and probation officers) who might be better prepared to provide the explanation. Taking the time to build a relationship with the juvenile client can also facilitate adjudicative competence for the juvenile, as it can instill confidence in the juvenile for decision making as well as provide a fertile context for imparting knowledge about the adjudicative process. 33 references and 13 notes